[8] REPORT Of the Committee of Claims in the case of the Levy Court of Calvert County. FEBRUARY 6, 1822. Read, and committed to a committee of the whole House to-morrow. DECEMBER 12, 1822. '. Re-printed by order of the House of Representatives. The Committee of Claims, to whom was referred the claim of the Levy Court of Calvert County, in the state of Maryland, REPORT: The Committee beg leave to refer the House to the report made to Congress, on the 10th of December, 1817, by the late Commissioner of Claims, for a statement of the facts in this case. Admitting the allegations of the claimants to be true, the committee are of opinion that the case does not constitute a proper demand against the government. For a further view of the reasons for this opinion, the committee would respectfully call the attention of the House to the report they made on this claim, on the 18th December, 1817. The following resolution is submitted to the House: Resolved, That the claim of the Levy Court of Calvert County ought not to be granted. Claim of the Levy Court of Calvert County, in the State of Maryland. This claim is brought forward by the Levy Court of Calvert County, in the state of Maryland, to obtain compensation for the court house and jail of said county, alleged to have been destroyed by the enemy in consequence of said houses having been in the military occupation of the United States, as a military deposite. The court house is valued by the claimants at $5000, and the jail af $1800. 1. Evidence as to occupation and destruction. George W. Crane deposes, that, sometime previously to the burning of the court house by the enemy, the key of the court house was demanded of him by Captain Rutter, a commander of one of the boats belonging to the United States' flotilla, under the command of Commodore Barney. Upon deponent's stating his belief that there was no key belonging to the court house, Captain Rutter remarked, that he must obtain possession of it, if he should be obliged to break open the door. Afterwards, Captain Rutter, with a number of men, whom deponent supposed to belong to the flotilla, took possession of the court house, and deposited therein a number of arms and other military stores. The sick and wounded men were also brought to, and accommodated in, said court house. The court house remained in Captain Rutter's occupation till a few days before its destruction by the enemy. Elizabeth Crane deposes, that, when the enemy came to said court house, she was there, and, in conversation with some of the British officers, solicited them not to burn it. They replied, that if Commodore Barney and his men had not been harbored in it, they would not have come to it, nor have burnt it. Thoms Billingsly deposes, that, on the day on which the enemy burnt the court house, a British officer told him, that he, with a parcel of troops, had been to said court house, in consequence of hearing that Commodore Barney was there, and under the expectation of meeting him there: that on said British officer's arrival at said court house, Commodore Barney had gone away; but, that the appearance of huts having been erected, the exercise of cannon on the ground before said court house, manifested its having been made a military stand; and that, therefore, he, the said British officer, had caused the court house to be burnt. Dr. Thomas Hamilton, surgeon to Commodore Barney's flotilla, deposes, that, in the summer of 1814, he, together with Captain Rutter, second in command of said flotilla, took possession of said court house, and occupied it, for some considerable time, as a hospital for the sick and wounded, and also a military store house to keep medicinal and other stores, and for other purposes; that around the court house cannon were planted, and it was guarded as a military post; and, as such, would have been defended against any equal force of the enemy. 2. Evidence as to value. John Ireland, John T. Patterson, and Alexander Skinner, depose, that, in their belief, the court house was worth, at the time of its destruction, $3100, and that the materials remaining were worth $100. This latter sum, deducted from the former, leaves a balance of $3000 as the actual loss of the claimants. No proof has been offered of the occupation and destruction of the jail. The claimants depose, that they have not received any thing from any officer, agent, or department, of the government of the United States, for the destruction of their court house; that they did not agree with any officer or agent of the United States to run any risk on account of the use or employment of the same in the public service; that they have not received any other voucher or certificate relating to their claim, from any officer, or other person, at any time, except what is now exhibited before the commissioners; that, in consequence of Captain Rutter's being at sea, as they have been informed, their diligent and proper endeavors to procure his testimony have failed; and that the evidence which they have offered, is the best which they could procure in the case.. Summary of facts. 1st. The occupation of the court house, previously to its destruction by the enemy in the summer of 1814, as a place of deposite for military stores, under the authority of an officer of the United States, is proved by Dr. Hamilton, surgeon to Commodore Barney's flotilla. 2d. At the time of destruction, it had been evacuated a few days by the troops under Commodore Barney; but the enemy burnt it because it had been so occupied, assigning that as the sole reason for his conduct. 3d. The value of the damage sustained is ascertained to have been $3000. There is no proof exhibited that the jail was burnt by the enemy. All which is respectfully submitted. Office of Claims, &c. RICHARD BLAND LEE, C. C. &c. Washington, December 10, 1817. REPORT Of the Committee of Claims in the case of Heman B. Potter. JANUARY 23, 1822. Read, and committed to a committee of the whole House to-morrow. DECEMBER 12, 1822. Reprinted by order of the House of Representatives. The Committee of Claims, to whom was referred the petition of Heman B Potter, REPORT: That the petitioner claims payment for a dwelling house, valued at $700, and personal effects, consisting of furniture, provisions, &c. valued at 8423 50, said to have been destroyed by the enemy at Buffalo, on the Niagara frontier, and in consequence of a military occupation by the troops of the United States. John G. Camp, late a deputy quartermaster general, testifies, "that a dwelling house, owned by Heman B. Potter, situated in the village of Buffalo, was occupied, by his order, by troops in the service of the United States, as barracks, sometime previous to, and at the time of, its destruction by the enemy, on the 30th of December, 1813." Truman Kellogg also states, that he commanded a company of militia in the service of the United States, and in pursuance of an order from William A. Adams, acting quartermaster and aid to Major General Hall, to quarter himself and company in any of the buildings at Buffalo, he went to the house of the claimant, which, having forcibly entered, he occupied with his men till it was destroyed by the enemy on the aforesaid 30th of December. Several other witnesses testify to the value of the house and other property. For a history of the transactions which immediately preceded the burning on the Niagara frontier, and of the character of the burning, the committee respectfully refer the House to their report, presented at the first session of the Fifteenth Congress. The rules of the House having made it the duty of the Committee to express their opinion on the several subjects referred to them, they have, with great care, endeavored to inves gate all the material facts, and the laws and usages applicable to the host infinite variety of cases which have come under their consideration, a the hope that their decisions might be marked with such a uniformity as would |